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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 65

Docket ID: [Docket No. FEMA-D-7561]

NOTICE: RULES

ACTION: Flood elevation determinations:

DOCUMENT ACTION: Interim rule.

SUBJECT CATEGORY: Changes in Flood Elevation Determinations

DOCUMENT SUMMARY: This interim rule lists communities where modification of the Base (1% annual chance) Flood Elevations (BFEs) is appropriate because of new scientific or technical data. New flood insurance premium rates will be calculated from the modified BFEs for new buildings and their contents.

SUMMARY: Various States,

SUPPLEMENTAL INFORMATION

The modified BFEs are not listed for each community in this interim rule. However, the address of the Chief Executive Officer of the community where the modified BFE

determinations are available for inspection is provided.

Any request for reconsideration must be based upon knowledge of changed conditions, or upon new scientific or technical data.

The modifications are made pursuant to Section 201 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq., and with 44 CFR Part 65.

For rating purposes, the currently effective community number is shown and must be used for all new policies and renewals.

The modified BFEs are the basis for the floodplain management measures that the community is required to either adopt or to show evidence of being already in effect in order to qualify or to remain qualified for participation in the National Flood Insurance Program (NFIP).

These modified elevations, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own, or pursuant to policies established by other Federal, State or regional entities.

The changes in BFEs are in accordance with 44 CFR 65.4. National Environmental Policy Act

This rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. No environmental impact assessment has been prepared.

Regulatory Flexibility Act

The Mitigation Division Director of the Emergency Preparedness and Response Directorate certifies that this rule is exempt from the requirements of the Regulatory Flexibility Act because modified BFEs are required by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are required to
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maintain community eligibility in the NFIP. No regulatory flexibility analysis has been prepared.

Regulatory Classification

This interim rule is not a significant regulatory action under the criteria of Section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735.

Executive Order 12612, Federalism

This rule involves no policies that have federalism implications under Executive Order 12612, Federalism, dated Oct. 26, 1987. Executive Order 12778, Civil Justice Reform

This rule meets the applicable standards of Section 2(b)(2) of Executive Order 12778.

List of Subjects in 44 CFR Part 65

Flood insurance, Floodplains, reporting and Recordkeeping requirements.
Accordingly, 44 CFR part 65 is amended to read as follows:
PART 65[AMENDED]
1. The authority citation for part 65 continues to read as follows:

Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376.
Sec. 65.4 [Amended]
2. The tables published under the authority of Sec. 65.4 are amended as shown below:
Dates and name of newspaper where Chief executive officer Effective date of State and county Location notice was of community modification Community No. published Alabama:

Jefferson................... City of Birmingham. Jul. 1, 2004, Jul. The Honorable Bernard Jun. 24, 2004................ 010116 E 8, 2004, The Kincaid, Mayor of the Ledger. City of Birmingham, City Hall, Room 500, 710 North 20th Street, Birmingham, Alabama 35203.

St. Clair................... City of Moody...... Jul. 22, 2004, Jul. The Honorable Joe Lee, Jul. 13, 2004................ 010187 B 29, 2004, The Mayor of the City of Leeds News. Moody, 2900 Daniel Drive, Moody, Alabama 35004. Kentucky:

Warren...................... City of Bowling Jul. 5, 2004, Jul. The Honorable Sandy Jun. 28, 2004................ 210219 D Green. 12, 2004, Daily Jones, Mayor of the News. City of Bowling Green, P.O. Box 430, Bowling Green, Kentucky 42102 0430.

Warren...................... Unincorporated Jul. 5, 2004, Jul. The Honorable Mike Jun. 28, 2004................ 210312 D Areas. 12, 2004, Daily Buchanon, Warren County News. Judge/Executive, County Courthouse, 429 East 10th Street, Bowling Green, Kentucky 42101. Maine: Cumberland............... Town of Scarborough Jul. 7, 2004, Jul. Mr. Ronald Owens, Jun. 28, 2004................ 230052 E 14, 2004, Portland Scarborough Town Press Herald. Manager, P.O. Box 360, Scarborough, Maine 040700360. Massachusetts: Suffolk.......... City of Boston..... Jul. 16, 2004, Jul. The Honorable Thomas Jul. 9, 2004................. 250286 D 23, 2004, Boston Menino, Mayor of the Herald. City of Boston, 1 City Hall Plaza, 5th Floor, Boston, Massachusetts 02201. Mississippi: DeSoto............. City of Olive Aug. 5, 2004, Aug. The Honorable Samuel P. Jul. 27, 2004................ 280286 E Branch. 12, 2004, The Rikard, Mayor of the DeSoto County City of Olive Branch, Tribune. City Hall, 9189 Pigeon Roost Road, Olive Branch, Mississippi 38654. Pennsylvania:

Dauphin..................... Township of Lower Jul. 19, 2004, Jul. Mr. William B. Hawk, Oct. 25, 2004................ 420384 B Paxton. 26, 2004, The Chairman of the Patriot News. Township of Lower Paxton Board of Supervisors, 75 South Houcks Road, Suite 207, Harrisburg, Pennsylvania 17109.

Bucks....................... Township of Aug. 4, 2004, Aug. Mr. Bruce Townsend, Nov. 10, 2004................ 420988 F Northampton. 11, 2004, Bucks Township of County Courier Northampton, Manager, Times. 55 Township Road, Richboro, Pennsylvania 18954.

Bucks....................... Township of Aug. 4, 2004, Aug. Ms. Judith Smith, Nov. 10, 2004................ 420990 F Warminster. 11, 2004, The Township of Warminster, Intelligencer. Manager, 401 Gibson Avenue, Warminster, Pennsylvania 18794.

Bucks....................... Township of Aug. 4, 2004, Aug. Mr. John D. Bonargo, Nov. 10, 2004................ 420208 F Warrington. 11, 2004, The Sr., Township of Intelligencer. Warrington, Manager, Township Building, 852 Easton Road, Warrington, Pennsylvania 18976. [[Page 50320]]

Bucks....................... Township of Warwick Aug. 4, 2004, Aug. Ms. Judith A. Algeo, Nov. 10, 2004................ 420209 F 11, 2004, The Chairman of the Intelligencer. Township of Warwick, Board of Supervisors, 1733 Township Greene, Jamison, Pennsylvania 18929.

Bucks....................... Town of Wrightstown Aug. 4, 2004, Aug. Mr. Chester S. Nov. 10, 2004................ 421045 F 11, 2004, Bucks Pogonowski, Chairman of County Courier the Township of Times. Wrightstown, Board of Supervisors, 738 Penns Park Road, Wrightstown, Pennsylvania 18940. Tennessee: Sumner............... City of Gallatin... Jul. 9, 2004, Jul. The Honorable Don K. Jul. 2, 2004................. 470185 D 16, 2004, The News Wright, Mayor of the Examiner. City of Gallatin, 132 West Main Street, Gallatin, Tennessee 37066. Virginia: Fauquier.............. Unincorporated Jul. 15, 2004, Jul. Mr. G. Robert Lee, Jul. 9, 2004................. 510055 B Areas. 22, 2004, Fauquier Fauquier County Citizen. Administrator, 40 Culpeper Street, Warrenton, Virginia. (Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance'')

Dated: August 9, 2004.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and Response Directorate.
[FR Doc. 0418694 Filed 81304; 8:45 am]
BILLING CODE 911012P

FOR FURTHER INFORMATION CONTACT Doug Bellomo, P.E., Hazard Identification Section, Emergency Preparedness and Response Directorate, FEMA, 500 C Street, SW., Washington, DC 20472, (202) 646 2903.